Petition under Section 11(6) for appointment of an arbitrator over disputes on a fire insurance claim after the insurer's surveyor made deductions and only part of the claim was approved. Parties agreed, and Justice V.K. Jain (Retd.) was appointed sole arbitrator under DIAC rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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DMG POLYPACK PRIVATE LIMITED .....Petitioner
Through: Mr. Bhaskar Tiwari, Mr. Ajitesh Shukla, Mr. Ramakant Shukla, Advocates.
versus
THE NEW INDIA ASSURANCE CO. LTD. & ANR.
.....Respondents Through: Mr. Abhishek Gola, Advocate.
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 15.10.2024
Page 1 of 6
ARB.P. 1219/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:54
Machinery, Stocks, Furniture, Fixture and Fittings etc, located at D-73 & D- 88, EPIP SITE – 5, Kasna, Greater Noida, Uttar Pradesh ( hereinafter referred to as “Premises in question” ).
Page 2 of 6
ARB.P. 1219/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:54
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:54
Page 3 of 6
ARB.P. 1219/2024
“13. 1f any dispute or difference shall arise as to the quantum to be paid under this policy (liability being
Page 4 of 6
ARB.P. 1219/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:54
otherwise admitted) such difference shall independently of all other questions be referred to the decision of a sole arbitrator to be appointed in writing by the parties to or if they cannot agree upon a single arbitrator within 30 days of any party invoking arbitration, the same shall be referred to a panel of three arbitrators, comprising of two arbitrators, one to be appointed by each of the parties to the dispute/difference and the third arbitrator to be appointed by such two arbitrators and arbitration shall be conducted under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
It is clearly agreed and understood that no difference or dispute shall be referable to arbitration as hereinbefore provided, if the Company has disputed or not accepted liability under or in respect of this policy. It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this policy that the award by such arbitrator/ arbitrators of the amount of the loss or damage shall be first obtained.”
Page 5 of 6
ARB.P. 1219/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:54
SUBRAMONIUM PRASAD, J
OCTOBER 15, 2024 S. Zakir
Page 6 of 6
ARB.P. 1219/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:42:54
1 issue framed by the court
Whether an arbitrator should be appointed under the arbitration clause of the Insurance Policy to adjudicate disputes over the quantum of the fire insurance claim.
2 provisions across 1 enactments
DMG Polypack Private Limited
The New India Assurance Co. Ltd.
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
